Melton v. State

Mississippi Supreme Court

Melton v. State

477 So. 2d 942, 1985 Miss. LEXIS 2268

CourtMississippi Supreme Court

DecidedOctober 2, 1985

DocketNo. 55906

StatusPublished

Cited by1 cases

This text of 477 So. 2d 942 (Melton v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Melton v. State, 477 So. 2d 942, 1985 Miss. LEXIS 2268 (Mich. 1985).

Pincite

Opinion

WALKER, Presiding Justice, for the Court:

Lester Pettway and David Melton were indicted and convicted of burglary of a dwelling house. They bring this appeal from the decision of the Circuit Court of Warren County.

It is uncontradicted in the record that the house in question was under construction and had never been occupied. Since no one had ever lived in it, the house had never become and was not a dwelling house within the statute defining burglary of a dwelling house. Watson v. State, 254 Miss. 82, 179 So.2d 826 (1965); Woods v. State, 186 Miss. 463, 191 So. 283 (1939).

The appellants’ motion for a directed verdict at the conclusion of the state’s case in chief and request for a peremptory instruction at the conclusion of all the evidence, both of which were denied by the trial court, should have been granted.

REVERSED AND APPELLANTS DISCHARGED.

PATTERSON, C.J., ROY NOBLE LEE, P.J., and HAWKINS, DAN M. LEE, PRATHER, ROBERTSON, SULLIVAN and ANDERSON, JJ., concur.

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